# C_2020161EN.01000902.xml

| 11.5.2020 | EN | Official Journal of the European Union | C 161/9 |
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11.5.2020

EN

Official Journal of the European Union

C 161/9

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Judgment of the Court (First Chamber) of 4 March 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico and Ministero dell’Economia e delle Finanze

(Case C-34/19) (1)

(Reference for a preliminary ruling - Approximation of laws - Telecommunication services - Implementation of provision of an open telecommunications network - Directive 97/13/EC - Fees and charges for individual licences - Transitional arrangements establishing a charge beyond those authorised by Directive 97/13/EC - Force of res judicata attaching to a higher court judgment considered contrary to EU law)

(2020/C 161/13)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Lazio

Parties to the main proceedings

Applicant: Telecom Italia SpA

Defendants: Ministero dello Sviluppo Economico and Ministero dell’Economia e delle Finanze

Operative part of the judgment

| 1. | Article 22(3) of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services must be interpreted as precluding national legislation extending the obligation, in respect of 1998, imposed on a telecommunications undertaking holding an existing authorisation on the date of entry into force of that directive to pay a charge calculated on the basis of turnover and not merely the administrative costs incurred in the issue, management, control and enforcement of the applicable general authorisation scheme and individual licences; |
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1.

Article 22(3) of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services must be interpreted as precluding national legislation extending the obligation, in respect of 1998, imposed on a telecommunications undertaking holding an existing authorisation on the date of entry into force of that directive to pay a charge calculated on the basis of turnover and not merely the administrative costs incurred in the issue, management, control and enforcement of the applicable general authorisation scheme and individual licences;

| 2. | EU law must be interpreted as not requiring a national court to disapply domestic rules of procedure conferring finality on a judgment, even if to do so would make it possible to remedy an infringement of a provision of EU law, without prejudice to the possibility for the parties concerned of rendering the State liable in order to obtain legal protection of their rights under EU law. |
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2.

EU law must be interpreted as not requiring a national court to disapply domestic rules of procedure conferring finality on a judgment, even if to do so would make it possible to remedy an infringement of a provision of EU law, without prejudice to the possibility for the parties concerned of rendering the State liable in order to obtain legal protection of their rights under EU law.

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(1)  OJ C 182, 27.5.2019.

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